Bush v. Orleans Parish School Board, Civ. A. No. 3630.
| Decision Date | 15 February 1956 |
| Docket Number | Civ. A. No. 3630. |
| Citation | 138 F. Supp. 336 |
| Parties | Earl Benjamin BUSH et al., Plaintiffs, v. ORLEANS PARISH SCHOOL BOARD et al., Defendants. |
| Court | U.S. District Court — Eastern District of Louisiana |
A. P. Tureaud, New Orleans, La., Robert L. Carter, New York City, A. M. Trudeau, Jr., New Orleans, La., Thurgood Marshall, New York City, for plaintiffs.
Browne & Rault, Gerard A. Rault, New Orleans, La., W. Scott Wilkinson, Shreveport, La., Fred S. LeBlanc, Baton Rouge, La., L. H. Perez, New Orleans, La., for defendants.
Before BORAH, Circuit Judge, CHRISTENBERRY, Chief Judge, and J. SKELLY WRIGHT, District Judge.
This class action is brought in behalf of minor children of the Negro race by their parents, guardians or next friends, seeking the aid of the court in obtaining admission to the public schools of Orleans Parish on a nonsegregated basis. The complaint alleges the children have been denied admission to schools attended by white children under Article 12, § 1 of the Constitution of Louisiana, LSA-Const., and Louisiana Acts 555 and 556 of 1954, LSA-R.S. 17:331 et seq., 17:81.1 and note, requiring segregation of the races in public elementary and high schools of the state.
The Supreme Court of the United States in Brown v. Board of Education, 349 U.S. 294, 75 S.Ct. 753, 755, 99 L.Ed. 1083, in dealing with this identical situation with reference to the states of Kansas, South Carolina, Virginia and Delaware, wrote as follows: 1 In so far as the provisions of the Louisiana Constitution and statutes in suit require or permit segregation of the races in public schools,2 they are invalid under the ruling of the Supreme Court in Brown.
This three-judge court was convened under 28 U.S.C. § 2281 pursuant to the requests of the parties. It now appears that no serious constitutional question, not heretofore decided by the Supreme Court of the United States, is presented. Accordingly, a three-judge court under 28 U.S.C. § 2281 is not required. Ex parte Poresky, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152. The two judges designated by the Chief Judge of the Circuit to sit with the district judge in the hearing and decision of this case now withdraw from the case,...
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...supra note 145, 490 F.2d at 194, 194-195. 263 Zimmer v. McKeithen, supra note 145, 485 F.2d at 1305. 264 See Bush v. Orleans Parish School Bd., 138 F.Supp. 336 (E.D.La.), dissolving three-judge court; 138 F.Supp. 337 (E.D. La.1956), aff'd, 242 F.2d 156 (5th Cir.), cert. denied, 354 U.S. 921......
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...of additional authorities in my dissent in Board of Supervisors, etc. v. Tureaud, 225 F.2d at page 440 et seq. 29 Bush v. Orleans Parish School Board, D.C.1956, 138 F.Supp. 336, and cf. D.C., 138 F.Supp. 337; motion for leave to file Petition for Mandamus denied by the Supreme Court in 351 ......
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...who shall receive notice of this order" from requiring and permitting segregation in the New Orleans schools. Bush v. Orleans Parish School Board, D.C., 138 F.Supp. 336, 337, 342, affirmed 5 Cir., 242 F.2d 156, certiorari denied 354 U.S. 921, 77 S.Ct. 1380, 1 L.Ed.2d Not only was there no c......
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